37242 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Rules and Regulations 

(6) Southeast spectator fleet area. The 

area is bounded by a line commencing 

at position latitude 38°16′47.20′′ N, 

longitude 076°37′54.80′′ W, thence 

southerly to latitude 38°16′43.30′′ N, 

longitude 076°37′55.20′′ W, thence 

easterly to latitude 38°16′43.20′′ N, 

longitude 076°37′47.80′′ W, thence 

northerly to latitude 38°16′44.80′′ N, 

longitude 076°37′48.20′′ W, thence 

northwesterly to point of origin. 

(7) South spectator fleet area. The 

area is bounded by a line commencing 

at position latitude 38°16′55.36′′ N, 

longitude 076°38′17.26′′ W, thence 

southeasterly to latitude 38°16′50.39′′ N, 

longitude 076°38′03.69′′ W, thence 

southerly to latitude 38°16′48.87′′ N, 

longitude 076°38′03.68′′ W, thence 

northwesterly to latitude 38°16′53.82′′ 

N, longitude 076°38′17.28′′ W, thence 

northerly to point of origin. 

(b) Definitions. As used in this 

section: 

Buffer area is a neutral area that 

surrounds the perimeter of the Race 

Area within the regulated area described 

by this section. The purpose of a buffer 

area is to minimize potential collision 

conflicts with marine event participants 

or race boats and spectator vessels or 

nearby transiting vessels. This area 

provides separation between a race area 

and specified spectator areas or other 

vessels that are operating in the vicinity 

of the regulated area established by the 

special local regulations. 

Captain of the Port (COTP) MarylandNational Capital Region means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region or 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the COTP to act on his behalf. 

Event Patrol Commander or Event 

PATCOM means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Maryland-National Capital Region. 

Milling area is an area described by a 

line bound by coordinates provided in 

latitude and longitude that outlines the 

boundary of a milling area within the 

regulated area defined by this section. 

The area is used before a demonstration 

start to warm up the boats engines. 

Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Maryland-National 

Capital Region with a commissioned, 

warrant, or petty officer on board and 

displaying a Coast Guard ensign. 

Participant means a person or vessel 

registered with the event sponsor as 

participating in the Southern Maryland 

Boat Club Leonardtown Regatta or 

otherwise designated by the event 

sponsor as having a function tied to the 

event. 

Race area is an area described by a 

line bound by coordinates provided in 

latitude and longitude that outlines the 

boundary of a high-speed power boat 

demonstration area within the regulated 

area defined by this section. 

Spectator means a person or vessel 

not registered with the event sponsor as 

participants or assigned as official 

patrols and is present with the purpose 

of observing the event. 

Spectator area is an area described by 

a line bound by coordinates provided in 

latitude and longitude that outlines the 

boundary of a spectator area within the 

regulated area defined by this part. 

(c) Special local regulations: (1) The 

COTP Maryland-National Capital 

Region or Event PATCOM may forbid 

and control the movement of all vessels 

and persons, including event 

participants, in the regulated area. 

When hailed or signaled by an official 

patrol, a vessel or person in the 

regulated area shall immediately 

comply with the directions given by the 

patrol. Failure to do so may result in the 

Coast Guard expelling the person or 

vessel from the area, issuing a citation 

for failure to comply, or both. The COTP 

Maryland-National Capital Region or 

Event PATCOM may terminate the 

event, or a participant’s operations at 

any time the COTP Maryland-National 

Capital Region or Event PATCOM 

believes it necessary to do so for the 

protection of life or property. 

(2) Except for participants and vessels 

already at berth, a person or vessel 

within the regulated area at the start of 

enforcement of this section must 

immediately depart the regulated area. 

(3) A spectator must contact the Event 

PATCOM to request permission to 

either enter or pass through the 

regulated area. The Event PATCOM, and 

official patrol vessels enforcing this 

regulated area, can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz) and channel 22A (157.1 

MHz). If permission is granted, the 

spectator must pass directly through the 

regulated area as instructed by Event 

PATCOM. A vessel within the regulated 

area must operate at safe speed that 

minimizes wake. 

(4) Only participant vessels and 

official patrol vessels are allowed to 

enter the race area and milling area. 

(5) Only participant vessels and 

official patrol vessels are allowed to 

enter and transit directly through the 

buffer area, in order to arrive at or 

depart from the race area. 

(6) A person or vessel that desires to 

transit, moor, or anchor within the 

regulated area must obtain authorization 

from the COTP Maryland-National 

Capital Region or PATCOM. A person or 

vessel seeking such permission can 

contact the COTP Maryland-National 

Capital Region at telephone number 

410–576–2693 or on Marine Band 

Radio, VHF–FM channel 16 (156.8 

MHz) or the PATCOM on Marine Band 

Radio, VHF–FM channel 16 (156.8 

MHz). 

(7) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event date and times. 

(d) Enforcement officials. The Coast 

Guard may be assisted with marine 

event patrol and enforcement of the 

regulated area by other Federal, State, 

and local agencies. 

(e) Enforcement period. This section 

will be enforced from 7 a.m. to 6 p.m. 

on July 31, 2021, and, from 7 a.m. to 6 

p.m. on August 1, 2021. 

Dated: July 6, 2021. 

David E. O’Connell, 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2021–14826 Filed 7–14–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0392] 

RIN 1625–AA00 

Fixed and Moving Safety Zone; Around 

the USACE Bank Grading Units and 

USACE Mat Sinking Unit 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary fixed and 

moving safety zone for all waters within 

300 yards of the U.S. Army Corps of 

Engineers (USACE) Bank Grading Units 

and USACE Mat Sinking Unit while 

operating on the Lower Mississippi 

River between MM332 through MM862. 

The safety zone is needed to protect 

persons, property, infrastructure, and 

the marine environment from the 

potential safety hazards associated with 

the bank grading and mat sinking 

operations performed by the USACE. 

During the effective period, USACE 

operations may require at times one way 

traffic, or complete closures during 

daylight hours when no traffic will be 

allowed to transit within 300 yards of 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Rules and Regulations 37243 

the operation. Broadcast Notice to 

Mariners will be used to inform marine 

traffic of these times based on notice 

provided by the USACE. Deviation from 

the safety zone is prohibited unless 

specifically authorized by the Captain of 

the Port, Lower Mississippi River, or a 

designated representative. 

DATES: This rule is effective from July 

15, 2021 until December 31, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0392 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MSTC Lindsey Swindle, U.S. 

Coast Guard; telephone 901–521–4813, 

email Lindsey.M.Swindle@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Lower 

Mississippi River 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking, 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

USACE is taking necessary and 

immediate action to protect persons, 

property, infrastructure, and the marine 

environment.. Completing the full 

NPRM process is impracticable because 

the USCG must establish this safety 

zone as soon as possible to protect 

persons, property, infrastructure, and 

the marine environment from the 

potential safety hazards associated with 

the time critical USACE operations. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to the public 

interest because we must respond to the 

potential safety hazards associated with 

the bank grading and mat sinking 

operations in the LMR by July 15, 2021. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port (COTP, LMR has 

determined that potential hazards 

associated with the bank grading and 

mat sinking operations will be a safety 

concern for anyone within a 300 yard 

radius of USACE equipment This rule is 

needed to protect persons, property, 

infrastructure, and the marine 

environment within the safety zone 

while USACE operations are being 

conducted. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from July 15, 2021, through 

December 31, 2021. The safety zone will 

cover all navigable waters of the LMR 

from Mile Marker (MM) 332 through 

MM 862 extending the entire width of 

the river. The safety zone will only be 

activated when USACE operations 

preclude safe navigation of the 

established channel. The duration of the 

zone is intended to protect persons, 

property, infrastructure, and the marine 

environment in these navigable waters 

while operations are being conducted. 

Broadcast Notice to Mariners will be 

used to inform marine traffic of these 

times based on notice provided by the 

USACE. 

Entry of persons or vessels into this 

safety zone is prohibited unless 

authorized by the COTP or a designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Lower Mississippi River. Persons or 

vessels seeking to enter the safety zones 

must request permission from the COTP 

or a designated representative on VHF– 

FM channel 16 or by telephone at 314– 

269–2332. If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. The COTP or 

a designated representative will inform 

the public of the enforcement times and 

date for this safety zone through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and/ 

or Marine Safety Information Bulletins 

(MSIBs), as appropriate. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive Orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. This safety 

zone will temporarily restrict navigation 

on the LMR from MM 332 through MM 

863, from July 15, 2021 through 

December 31, 2021. Moreover, The 

Coast Guard will issue BNMs, LNMs, 

and/or Marine Safety Information 

Bulletins as appropriate. The rule 

allows vessels to seek permission to 

enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the 

temporary safety zone may be small 

entities, for the reasons stated in section 

V.A above, this rule will not have a 

significant economic impact on any 

vessel owner or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 


khammond on DSKJM1Z7X2PROD with RULES
37244 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Rules and Regulations 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

temporary safety zone on the LMR from 

MM 332 through MM 863, that will 

prohibit entry into this temporary zone. 

The safety zone will only be enforced 

while operations preclude the safe 

navigation of the established channel. It 

is categorically excluded from further 

review under paragraph L60 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0392 to read as 

follows: 

§ 165.T08–0392 Fixed and Moving Safety 

Zone; around USACE Bank Grading Unit 

and USACE Mat Sinking Unit. 

(a) Location. The following area is a 

safety zone: All waters of the Lower 

Mississippi River from MM 332 through 

MM 863. 

(b) Regulations. (1) The safety zone 

described in paragraph (a) of this 

section will be activated when USACE 

operations preclude safe navigation of 

the established channel. The Coast 

Guard will inform marine traffic of the 

of the times the safety zone is activated 

using Broadcast Notice to Mariners. 

(2) Under the general safety zone 

regulations in subpart C of this part, you 

may not enter the safety zone described 

in paragraph (a) of this section when the 

safety zone is activated unless 

authorized by the Captain of the Port 

Sector Lower Mississippi River (COTP) 

or the COTP’s designated representative. 

A designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

units under the operational control of 

USCG Sector Lower Mississippi River. 

(3) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF–FM channel 16 

or by telephone at 314–269–2332. Those 

in the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(c) Enforcement period. This section 

will be enforced periodically, as 

announced on Broadcast Notice to 

Mariners, from July 15, 2021 until 

December 31, 2021. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts, as 

appropriate. 

Dated: July 12, 2021. 

S. Rhodes, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Lower Mississippi River. 

[FR Doc. 2021–15129 Filed 7–14–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0542] 

RIN 1625–AA00 

Safety Zone; Cumberland River; 

Canton, KY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Cumberland 

River extending from mile marker (MM) 

61 to MM 64 near Canton, KY. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards due 

to the salvage of a cruise ship and the 

disembarkation of the passengers on 

board. Entry of vessels or persons into 


khammond on DSKJM1Z7X2PROD with RULES